Legal Question in Construction Law in Florida

No Cancel Policy?

My friend, a foreigner, signed a contract 6 months ago for installation of hurricane shutters. The company wrote on the form she signed that she can not cancel regardless of any delay. Is that legal or is there an implied ''reasonable time?'' She does not want a refund as the prices have climbed. They never requested a city permit and continually postpone. If she sued; do you think they are liable for damages as it will cost her more now for the material and labor? Have they breached the contract?

Thank-you in advance


Asked on 5/09/06, 2:39 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: No Cancel Policy?

American Structural Systems, Inc. v. R.B. Gay Const. Co., Inc., 619 So.2d 366, 367 (Fla. 1st DCA 1993), citing, J.M. Beeson Co. v. Sartori, 553 So.2d 180, 183 (Fla. 4th DCA 1989); Sea Ledge Properties, Inc. v. Dodge,283 So.2d 55 (Fla. 4th DCA), cert. dismissed,285 So.2d 618 (Fla.1973). (�The measure of damages for cost to complete after breach of a construction contract where the contractor fails to complete performance is the difference between the contract price and the reasonable cost to complete the improvements in accordance with the contract.�)

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Answered on 5/09/06, 2:59 pm


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